What is the Shari'ah divorce and the innovated divorce?

The questioner : The questioner says: We request clarification on the Shari'ah divorce.

The Shaykh : Divorce is the separation from the woman. It is divided into two categories: a Shari'ah divorce that is permissible, and an innovated divorce that is forbidden. As for the permissible Shari'ah divorce, it is for a man to divorce his wife in two situations. The first situation is that she is pregnant. If he divorces her while she is pregnant, that is a Shari'ah divorce that takes effect, even if he had intercourse with her recently; it is permissible for him to divorce her in this case. It has become well-known among the common people that a divorce during menstruation does not take effect. I do not know where they got this knowledge from, for I do not know of any disagreement among scholars regarding the effectiveness of a divorce of a pregnant woman. And Allah, Blessed and Exalted is He, said in This is an explicit text that a divorce of a pregnant woman takes effect and that her waiting period is until she gives birth. As for the second matter.
The Shari'ah divorce that conforms to the Sunnah is for him to divorce her in a state of purity in which he did not have intercourse with her. He divorces her while she is in a state of purity and he did not have intercourse with her in that period of purity. That is, she had menstruated and he left her without having intercourse with her, and then he divorces her after that. This is also a Shari'ah divorce in accordance with the Sunnah. As for the forbidden, innovated divorce, it is for a person to divorce her during menstruation, or to divorce her in a state of purity in which he had intercourse with her. It is not permissible for a man to divorce his wife while she is menstruating. If he divorces her while she is menstruating, it is obligatory for him to take her back into his marriage bond and let her remain until her waiting period is completed. That is, until she menstruates, becomes pure from the menstruation she is in, then menstruates a second time, and then he divorces her after that. The evidence for this is that 'Abd Allah ibn 'Umar divorced his wife while she was menstruating, and that was reported to the Prophet (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) was angered by that and said to 'Umar, who was the one who reported it to the Messenger (peace and blessings be upon him): meaning, tell 'Abd Allah that is the waiting period that Allah commanded for women to be divorced. Therefore, it is not permissible for a person to divorce his wife while she is menstruating. If he does so, it is obligatory for him to take her back into his marriage bond, then let her remain until she becomes pure from this menstruation, then she menstruates, then she becomes pure, as the Prophet (peace and blessings be upon him) commanded. As for the second forbidden situation in which divorce is forbidden, it is for him to divorce her in a state of purity in which he had intercourse with her. That is, after she had menstruated, he had intercourse with her and then divorced her. This is also forbidden and not permissible, except if it becomes clear that she is pregnant. That is, after he had intercourse with her, she became pregnant from that intercourse. In that case, it is permissible for him to divorce her, because the divorce of a pregnant woman is in accordance with the Sunnah, as we mentioned earlier regarding the woman with whom he has had intercourse. As for the one with whom he has not had intercourse, there is no harm in divorcing her even if she is menstruating. This is because if a man divorces his wife and she is not one with whom he has had intercourse, she has no waiting period, by the saying of Allah, Blessed and Exalted is He: .
This is the Shari'ah divorce and the innovated divorce with regard to the state of the woman. There is a Shari'ah divorce and an innovated divorce with regard to the number, the number of divorces. That is, the divorce in accordance with the Sunnah in number is for a person to divorce her once. He says, when he resolves to divorce his wife and she is in a state where divorce is permissible, he says to her, "You are divorced," and he does not repeat it. If he repeats it and says, "You are divorced, you are divorced, you are divorced," and if he intends by this repetition to confirm the first sentence, it is one divorce. Or if he intends to make the woman understand the statement, it is also one divorce. But if he intends by his saying, "You are divorced, you are divorced, you are divorced," the meaning of this number, which is that he divorces her three times, then that is forbidden and not lawful for him. It is forbidden and not lawful for him, because he hastened to something that Allah the Exalted made spacious for him. For this reason, the triple divorce in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar, before Abu Bakr and two years of the caliphate of 'Umar, the triple divorce was one. Then the people became lax in divorce and increased the triple divorce. So 'Umar (may Allah be pleased with him) said, "I see that the people have become lax in a matter in which they used to be cautious. If we were to enforce it upon them, we would do so." So he enforced it upon them (may Allah be pleased with them). Yes.